HomeMy WebLinkAboutAgenda UDCAC 06.02.2015Notice of Meeting for the
Unified Development Code Advisory Committee
of the City of Georgetown
June 2, 2015 at 3:00 PM
at Williamson room, Georgetown Municipal Complex, 300-1 Industrial Ave.,
Georgetown
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Legislative Regular Agenda
A Consideration of the minutes of the March 3, 2015 and the May 5, 2015 meeting of the Unified
Development Code Advisory Committee.
B Discussion regarding proposed UDC amendment language related to the established process for
wastewater extension waivers (2014 UDC General Amendment List Item 58). Jordan Maddox,
Principal Planner
C Discussion regarding proposed UDC amendment language related to updates to the signage
regulations of Chapter 10 (2014 UDC General Amendment List Items 42, 43, 45, and 46). Tamera
Baird, Chief Plans Examiner, and Valerie Kreger, Principal Planner
D Discussion regarding Chapter 14 of the UDC related to nonconformities and the abandonment of
nonconforming situations. (2014 UDC General Amendment List Items 61-63). Valerie Kreger,
Principal Planner, and Andreina Davila, Project Coordinator
CERTIFICATE OF POSTING
I, Jessica Brettle, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice
of Meeting was posted at City Hall, 113 E. 8th Street, a place readily accessible to the general public
at all times, on the ______ day of __________________, 2015, at __________, and remained so
posted for at least 72 continuous hours preceding the scheduled time of said meeting.
____________________________________
Jessica Brettle, City Secretary
Page 1 of 32
City of Georgetown, Texas
Unified Development Code Advisory Committee
June 2, 2015
SUBJECT:
Consideration of the minutes of the March 3, 2015 and the May 5, 2015 meeting of the Unified
Development Code Advisory Committee.
ITEM SUMMARY:
FINANCIAL IMPACT:
NA
SUBMITTED BY:
ATTACHMENTS:
Description Type
March 3, 2015 Draft Minutes Cover Memo
May 5, 2015 Draft Minutes Cover Memo
Page 2 of 32
Unified Development Code Advisory Committee Minutes / March 3, 2015 Page 1 of 1
City of Georgetown, Texas
Unified Development Code Advisory Committee Meeting
Minutes
Tuesday, March 3, 2015 at 3:00 PM
Williamson Room, Georgetown Municipal Complex
300-1 Industrial Ave., Georgetown, Texas 78626
Committee: P.J. Stevens, Chair; Philip Wanke, Vice-chair; Tim Bargainer, Secretary; Brenda Searle-
Sung, Henry C. Boecker, Bruce Barton and John Philpott.
Committee Member(s) Absent:
Staff Present: Valerie Kreger, Principal Planner; Andreina Dávila-Quintero, Project Coordinator, Sofia
Nelson, Interim Planning Director and Stephanie McNickle; Recording Secretary.
A Election of the vice-chair and secretary for the 2015-2016 Unified Development Code Advisory
Committee.
Motion by Chair Stevens to nominate Philip Wanke to serve as Vice Chair for the 2015-2016
UDCAC. Second by Committee Member Tim Bargainer. Approved (7-0)
Motion by committee Members Barton to nominate Tim Bargainer to serve as Secretaryfor the
2015-2016 UDCAC. Second by Chair Stevens. Approved (7-0)
B Consideration of the minutes of the February 3, 2015, meeting of the Unified Development Code
Advisory Committee. Motion by Chair Stevens to approve the UDCAC minutes from the February
3rd meeting. Second by Committee Member Barton. Approved. (7-0)
C Overview and discussion of the role of the Unified Development Code Advisory Committee.
Valerie Kreger introduced staff and gave a welcome presentation and a description of being a
Unified Development Code Advisory Committee member.
D Discussion regarding specific use limitations related to building size in the C-1 zoning
(UDC General Amendment List Item 20).
Ercel Brashear voiced his concerns regarding the current building limitations. Discussion between
Mr. Brashear, Staff and Committee members regarding the issue. Staff will review the current
building sizes and will bring back to next meeting.
E Discussion regarding size and setbacks related to residential accessory structures and accessory
dwelling units (UDC General Amendment List Items 22 & 25).
Committee and staff discussed allowing rentals, accessory structure not being taller than
house, Committee concerned with too many regulations. Staff will review.
F Update the Committee on the status of UDC Executive Amendments processed separate from the
General Amendment process.
Staff informed the Committee the Water Quality ordinance was approved and will be effective
March 11th. Staff also informed the Committee the Historic UDC Amendments was recommended
for denial to City Council from the P&Z meeting and will be presented to the City Council April
14th.
Motion to Adjourn at 4.24 p.m.
_____________________________________ __________________________________
P.J. Stevens, Chair Phillip Wanke
Page 3 of 32
Unified Development Code Advisory Committee Minutes / May 5, 2015 Page 1 of 1
City of Georgetown, Texas
Unified Development Code Advisory Committee Meeting
Minutes
Tuesday, May 5, 2015 at 3:00 PM
Williamson Room, Georgetown Municipal Complex
300-1 Industrial Ave., Georgetown, Texas 78626
Committee: P.J. Stevens, Chair; Philip Wanke, Vice-chair; Tim Bargainer, Secretary; Brenda Searle-
Sung, Henry C. Boecker, Bruce Barton and John Philpott.
Committee Member(s) Absent:
Staff Present: Valerie Kreger, Principal Planner; Andreina Dávila-Quintero, Project Coordinator, Sofia
Nelson, Interim Planning Director and Stephanie McNickle; Recording Secretary.
A. Call to order.
B Discussion regarding proposed UDC amendment language related to the inclusion of voluntary
annexation as a formalized process in Chapter 3 of the UDC (2014 UDC General Amendment List Item
7). (Jordan Maddox) Staff presented to Committee. Discussion between staff and Committee.
Committee agreed with staff.
C Discussion regarding proposed UDC amendment language related to allowing patios in the front
setback in limited circumstances per UDC Section 6.05.020 (2014 UDC General Amendment List Item
26). (Jordan Maddox) Staff presented to Committee. Discussion between staff and Committee.
Committee agreed with staff.
D Discussion regarding proposed UDC amendment language related to clarification of allowances and
requirements for residential fences per UDC Section 8.07 (2014 UDC General Amendment List Items
38 & 39). (Jordan Maddox) Staff reviewed and stated the HARC area is still under review. Discussion
between staff and Committee. Committee agreed with staff.
E Discussion regarding proposed UDC amendment language related to additional standards and
incentives to encourage the development of Workforce Housing (2014 UDC General Amendment List
Item 27). (Jennifer C. Bills, AICP, LEED AP, Housing Coordinator)
Staff reviewed over incentives that are being discussed and/or considered including allowing an increase
to impervious coverage. Discussion regarding incentives of $2,500 per unit up to $100,000 for the entire
development. Discussion between staff and Committee regarding a review procedure to ensure that the
conditions of the incentives are met.
F Discussion regarding proposed UDC amendment language related to the building size limitations of
the C-1 zoning district (UDC General Amendment List Item 20). (Andreina Davila-Quintero)
Staff reviewed over what was discussed during the March meeting and presented staff’s findings. Mr.
Brashear thanked staff for their detailed work.
G Discussion regarding proposed UDC amendment language relating to the determination of
abandonment of a nonconforming situation (UDC General Amendment List Item 61). (Andreina Dávila-
Quintero) Staff clarified the determination of abandonment of a nonconforming situation. Discussion
regarding the process of determining a building abandoned. Discussion regarding the process of owner
notification.
H Discussion regarding proposed UDC amendment language relating to parking space design
standards to allow for alternative designs (UDC General Amendment List Item 40). (Andreina Dávila-
Page 4 of 32
Unified Development Code Advisory Committee Minutes / May 5, 2015 Page 2 of 1
Quintero) Staff presented item. Committee agreed with staff. No discussion.
I Discussion regarding proposed UDC amendment language relating to the setback requirements for
lots with multiple frontages in non-residential zoning districts (UDC General Amendment List Item 30).
(Andreina Dávila-Quintero) Staff presented to Committee. Committee agreed with staff. No discussion.
J Discussion regarding proposed UDC amendment language related to residential accessory dwelling
units (2014 UDC General Amendment List Item 22). (Valerie Kreger) Staff presented to Committee.
Discussion regarding extra parking.
K Discussion regarding proposed UDC amendment language related to residential accessory structures
(UDC General Amendment List Item 25). (Valerie Kreger) Staff presented to Committee. Committee
agreed with staff. No discussion
L. Adjourned at 4:40pm
_____________________________________ __________________________________
P.J. Stevens, Chair Phillip Wanke Secretary
Page 5 of 32
City of Georgetown, Texas
Unified Development Code Advisory Committee
June 2, 2015
SUBJECT:
Discussion regarding proposed UDC amendment language related to the established process for
wastewater extension waivers (2014 UDC General Amendment List Item 58). Jordan Maddox,
Principal Planner
ITEM SUMMARY:
This item removes the code provision that the Georgetown Utility System (GUS) act as a
recommending body for the City Council when someone is requesting a waiver to the wastewater
requirement. Section 13.06 of the Unified Development Code requires that public wastewater be
provided by developers in most circumstances; however, a waiver can be requested to use a septic
system in extraordinary circumstances. City Council remains the final decision-maker and this
amendment makes the waiver process for both wastewater and water consistent. This item was
requested by GUS staff.
FINANCIAL IMPACT:
None
SUBMITTED BY:
Jordan Maddox
ATTACHMENTS:
Description Type
Amendment Language Backup Material
Page 6 of 32
Page 1 of 1
Chapter 13 Infrastructure and Public Improvements
Section 13.06 Water and Wastewater Standards
13.06.030 Sanitary Sewer System
A. Sanitary Sewer System Required
Subdividers shall be responsible for providing an approved public sanitary sewer system,
consistent with the Comprehensive Plan, throughout the entire subdivision such that all lots,
parcels, or tracts of land will be served by either an Onsite Sanitary Sewer Facility (Septic System)
or by a public wastewater collection system, as provided in this Section:
4. Under extraordinary circumstances (e.g., topography), the City may allow a subdivider to
attempt to demonstrate that the installation of a public wastewater collection system is, on a
per unit, cost-benefit basis, not technically feasible and cost prohibitive as compared to an
Onsite Sewer System (Septic System) and an Onsite Sewer Facility (Septic System) should
service the property(ies), rather than a public wastewater collection system. The City
CouncilGeorgetown Utility System Advisory Board shall consider the subdivider’s analysis
and make a recommendation with regard to same for final determination. by the City
Council.
Page 7 of 32
City of Georgetown, Texas
Unified Development Code Advisory Committee
June 2, 2015
SUBJECT:
Discussion regarding proposed UDC amendment language related to updates to the signage
regulations of Chapter 10 (2014 UDC General Amendment List Items 42, 43, 45, and 46). Tamera
Baird, Chief Plans Examiner, and Valerie Kreger, Principal Planner
ITEM SUMMARY:
The UDC Amendment List includes several items related to updates to Chapter 10 regarding
signage including the roadway types on which high profile monument signs may be located,
application of maximum sign area, subdivision entry sign size and height, and attention seeking
devices. This item addresses these issues as well as some additional clarifications.
FINANCIAL IMPACT:
-
SUBMITTED BY:
Valerie Kreger and Tamera Baird
ATTACHMENTS:
Description Type
Chapter 10 - Signage Exhibit
Page 8 of 32
Page 1 of 5
Chapter 10 Sign Standards
Section 10.03 Signs Exempt from Regulations
10.03.020 Provisionally Exempt Signs
The signs listed below may be erected without a sign permit provided that standards of this Section shall be met.
J. Signs along Streets, Public Ways or Railroads
No sign or flag may be placed on or over the area located within ten feet of the back of the street curb for
city or county rights-of-way or the actual right-of-way, whichever is greater or within 25 feet for state
rights-of-way or the actual right-of-way, whichever is greater or if no curb exists, the impervious surface of
the street or if unpaved, the area located within ten feet of the portion of the city ordinarily used for
vehicular travel, the median of a street, across the public right-of-way line extended across a railroad right-
of-way or in the restricted areas at street intersections designated by Section 12.44.010 of the City of
Georgetown Municipal Codepublic rights-of-way, with the following exceptions:
1. Permanent signs, including: Public signs erected by or on behalf of a governmental body to post legal
notices, identify public property, convey public information, and direct or regulate pedestrian or
vehicular traffic;
2. Bus stop signs erected by a public transit company. No advertising is permitted at bus stops except for
a single sign no larger than two square feet that advertises the bus stop;
3. Informational signs of public utility regarding its poles, lines, pipes or facilities;
4. Canopy, projecting, and suspended signs projecting over a public right-of-way in conformity with the
conditions of this Code;
5. Emergency warning signs erected by a governmental agency, a public utility company or a contractor
doing authorized or permitted work within the public right-of-way;
6. Temporary Event Signage is restricted within public rights-of-way in Section 10.07.040030.
M. Certain light pole mounted banners pursuant to Section 10.07.030020.
O. Governmental Flags
Governmental flags, as defined by Chapter 16, and limited in size and height as regulated in Section 10.06.
Section 10.04 Signs Prohibited Under this Code
All signs not expressly permitted under this Code or exempt from regulation hereunder in accordance with the
previous Section are prohibited within the corporate limits of the City of Georgetown and those areas within the
extraterritorial jurisdiction. Such signs include, but are not limited to:
A. Beacons;
B. Portable Signs;
C. Roof signs above the lesser of the height of the structure or allowable freestanding sign height within the
District in which it is located;
D. Strings of lights not permanently mounted to a rigid background, except those exempt under the previous
Section;
E. Inflatable signs and tethered balloons greater than 18 inches in diameter;
F. Flashing, fluttering, undulating, swinging, rotating, or otherwise moving signs;
G. Signs, temporary or otherwise, affixed to a tree or utility pole;
Page 9 of 32
Page 2 of 5
H. Signs violating the “sight triangle” provisions;
I. Off -premise advertising signs, except as expressly permitted in this Code;
J. Streamers;
K. Electronic Message Centers in fixed or traveling mode;
L. Signs that emit an odor or produce an audible message; and
M. Unshielded Neon;
N. Signs in the right-of-way, except as expressly permitted in this code; and
O. Billboards.
Section 10.06 Sign Design and Area Regulations
The following Table establishes types, sizes, height, setback, and number of signs allowed per lot. These are
established per zoning within the corporate limits of the City of Georgetown, and per Section 10.01.040.A of this
code, for those areas within the extraterritorial jurisdiction.
10.06.010 Sign Dimensional Standards
Table 10.06.010 Sign Dimensions by District
Zoning District Classification Maximum Total Area
per of Signage (sq ft)
Maximum
Height (ft)
Minimum
Setback (ft)
Maximum Number
per Lot Conditions
Downtown
Overlay
For detailed guidelines related to signs in this District, see Chapter 9 “Design Guidelines for Signs” in the
City’s Design Guidelines for the Downtown Overlay District. Monument signs shall be no greater than 5 feet
in height and pole signs will not be permitted.
Williams Drive
SP Overlay
Freestanding
Monument Sign 48 5 5 1 10.06.030.A
Non-Civic Uses
in the AG, RE,
RL, RS, and TF
Districts
Freestanding
Monument Sign 2 5 2 1 10.06.030.A
Governmental
Flag 40 25 5 -- 10.06.030.E
Building Wall* .5 per linear foot of
primary facade -- -- -- 10.06.030.C
Civic Uses in
the AG, RE, RL,
RS, and TF
Districts
Freestanding
Monument Sign 32 5 10 1 10.06.030.A
Low Profile Pole
Sign 20 5 10 1 10.06.030.A
Governmental
Flag 40 25 5 -- 10.06.030.E
Building Wall* .5 per linear foot of
primary facade -- -- -- 10.06.030.C
All Uses in the
OF, CN, PF, TH,
MF-1 and MF-2
Districts
Freestanding
Monument Sign 32 5 5
1 per 500’ of
frontage or fraction
thereof
10.06.030.A
Low Profile Pole
Sign 20 6 5
1 per 500’ of
frontage or fraction
thereof
10.06.030.A
Governmental
Flag 40 25 5 -- 10.06.030.E
Building Wall* 1 per linear foot of
primary facade -- -- -- 10.06.030.C
Page 10 of 32
Page 3 of 5
Zoning District Classification Maximum Total Area
per of Signage (sq ft)
Maximum
Height (ft)
Minimum
Setback (ft)
Maximum Number
per Lot Conditions
All Uses in the
C-1, C-3, BP,
IN, and MU-DT
Districts (for
properties in
the MU-DT
District, see
also Downtown
Overlay Design
Standards)
Freestanding
Monument Sign
1 per linear foot of
primary façade not to
exceed a max of 48 sq
ft per sign face
6 5 (10 in IN
District)
1 per 500’ of
frontage or fraction
thereof
10.06.030.A
10.06.030.F
Low Profile Pole
Sign 20 10 5 (10 in IN
District)
1 per 500’ of
frontage or fraction
thereof
10.06.030.A
Governmental
Flag 40 25 5 -- 10.06.030.E
Building Wall* 1 per linear foot of
primary facade -- -- -- 10.06.030.C
10.06.030.F
All properties
fronting
Williams Drive/
FM 2338
(except for the
SP Overlay
District, below)
Freestanding
Monument Sign 48 5 5 1 10.06.030.A
10.06.030.F
Governmental
Flag 40 25 5 -- 10.06.030.E
Building Wall* 1 per linear foot of
primary facade -- -- -- 10.06.030.C
10.06.030.F
Highway
Signage
All properties
fronting on IH-
35, SH-195, or
SH-130, FM
1460 (south of
the SE Inner
Loop
intersection),
Sam Houston
Ave. (east of
Rockride Rd.),
and Hwy 29
(west of D B
Wood Rd and
east of SH 130)
Freestanding
Monument Sign 60 8 5
1 per 200’ of
frontage or fraction
thereof
10.06.030.A
High Profile
Monument Signs
on SH-195 and
SH-130
225 28 5
1 per 600’ of
frontage or fraction
thereof
10.06.030.F
High Profile
Monument Signs
on IH-35, SH-
195 and SH-130
225 28 5
1 per 600’ of
frontage or fraction
thereof, but not less
than 400’ separation
10.06.030.F
Pole Signs on
IH-35 225 28 5
1 per 600’ of
frontage or fraction
thereof, but not less
than 100’
separation, w/ 200’
from Monument Sign
10.06.030.D
Governmental
Flag 40 25 5 -- 10.06.030.E
Building Wall*
1 per linear foot of
primary entrance
facade
-- -- -- 10.06.030.C
Multi-tenant
Signs Multi-tenant Signs are allowed per the provisions of Section 10.06.050
Residential
Model Homes Model Home Signs are allowed per the provisions of Section 5.08.020.H
Bed and
Breakfast B&B Signs are allowed per the provisions of Section 5.04.020.A
Office in RS
District Offices in RS District are allowed per the provisions of Section 5.04.020.J
Automobile
Sales, Rental or
Leasing Facility
Automobile Sales, Rental or Leasing Facility Signs are allowed per the provisions of Section 5.04.020.R
Page 11 of 32
Page 3 of 5
* For wall signage, this area is the total aggregate wall signage per building, except as otherwise approved with a
Master Sign Plan
10.06.020 Sign Area Computation
The following describes the computation of sign area and sign height.
D. Computation of Maximum Total Permitted Sign Area
The permitted sum of the area of all individual signs shall be computed by applying the Zoning District
formula contained in Section 10.06.010, Maximum Total Area per of Signage, to the lot frontage, building
frontage or wall area, as appropriate. When a lot frontsLots fronting on two or more streets, are allowed to
calculate the longest street frontage may be used to calculate the maximum sign area of all signs other than
wall signsinto the allowable allocation to be identified by the Master Signage Plan.
Wall signs shall be calculated in the same manner as all other signs. However, up to two primary entrance
facades may be used for calculations, as defined in Chapter 16 of this Code.
E. Computation of Maximum Number of Signs
Pursuant to Table 10.06.010, each lot is allocated the maximum number of signs allowed per District.
Where indicated, additional signs beyond the identified allowance shall be determined by the linear
frontage of the lot or building.
10.06.060 Subdivision Entry Signs
Subdivision entry signs are allowed at the primary entrance into a subdivision, subject to the following standards:
A. Subdivision entry signs are allowed at one primary entrance unless the subdivision has entrances on two
different major arterials, in such case an entrance sign may be placed on each of the major arterial
roadways.
B. Subdivision entry signs must be monument signs, subject to the definition of this Code, and may contain a
maximum of 40 square feet per sign face with a maximum height of six feet. Where high profile monument
signs are allowed, the square footage per sign face may be increased to a maximum of 150 square feet and
the sign height may be increased to a maximum of 15 feet.
C. Subdivision entry signs must be constructed of stone, brick, or other masonry material(s) compatible with
surrounding development.
D. Subdivision entry signs must be set back a minimum of five feet from the property line outside of the
required sight triangle. (Section 12.03.050.E.1) and located outside of any drainage easement.
E. Subdivision entry signs must provide a landscaped area equal to at least twice the area of the sign face,
providing one, five gallon shrub for every ten square feet of landscaped area.
1. Irrigation must be provided consistent with the standards of Section 8.06.050.
2. The owners and subsequent owners of the landscaped property shall be responsible for the
maintenance of the landscaped area.
3. Landscape features, such as walls, stone towers, windmills, or cisterns, may not exceed fifteen feet in
height and may not obstruct the site triangle.
Section 10.07 Temporary Signs
10.07.020 Temporary Street Banners
The City Manager is authorized to establish procedures for the permitting and installation of temporary street
banners placed in public right-of-way. Such banners shall be allowed for the following public events upon
compliance with the established procedures:
Page 12 of 32
Page 5 of 5
A. Events of a charitable or humanitarian nature;
B. Events of an educational, scholastic, or artistic nature;
C. Other events of community or public interest which are non-political in nature and are for the benefit of a
non-profit group.
10.07.030 020 Light Pole Mounted Banners
10.07.040 030 Temporary Signs for Temporary Events
10.07.050 040 Temporary Off-Premise Signs for Open Houses and Model Homes
Page 13 of 32
City of Georgetown, Texas
Unified Development Code Advisory Committee
June 2, 2015
SUBJECT:
Discussion regarding Chapter 14 of the UDC related to nonconformities and the abandonment of
nonconforming situations. (2014 UDC General Amendment List Items 61-63). Valerie Kreger,
Principal Planner, and Andreina Davila, Project Coordinator
ITEM SUMMARY:
At the May 5th UDC Advisory Committee meeting staff presented proposed amendment language
regarding the process to determine abandonment of a nonconforming situation. The discussion by
the Committee reflected some overall concern about classifying building, uses, or site
nonconforming and/or abandoned. Staff is bringing Chapter 14, Nonconformities, to the
Committee to discuss in general to better understand the direction to proceed with the listed UDC
amendments.
FINANCIAL IMPACT:
-
SUBMITTED BY:
Valerie Kreger and Andreina Davila
ATTACHMENTS:
Description Type
Chapter 14 - Nonconformities Backup Material
Page 14 of 32
Georgetown, Texas 14-1
Unified Development Code
Chapter 14 Nonconformities
Section 14.01 General
14.01.010 Purpose
The purpose of this Chapter is to regulate the continuation, maintenance, modifi cation,
replacement and termination of legally established uses, lots, structures, signs and sites that no
longer conform to the provisions of this Code.
14.01.020 Authority
The provisions of this Chapter are adopted pursuant to Texas Local Government Code Chapters
43, 211 and 212 and the City Charter.
14.01.030 Applicability
The provisions of this Chapter shall be applicable to all nonconforming situations within the
City’s incorporated limits and extraterritorial jurisdiction.
14.01.040 Nonconforming Status
A. Determination of Nonconforming Status
Determination of nonconforming status shall be made by the Director or their designee,
subject to appeal to the Zoning Board of Adjustment as outlined in Section 3.15 of this
Code.
B. Legal Nonconforming Status
1. A structure, lot, site, sign, or use which was lawfully in existence, constructed, and
located on the eff ective date or applicability of this Code or any amendment thereto
or was legally constructed to meet previous requirements of this Code and has been in
regular and continuous use, but which does not conform to the current requirements
of this Unifi ed Development Code, shall be granted legal nonconforming status, except
as specifi cally exempted or prohibited by other sections of this Chapter. A legal
nonconforming structure, lot, site, sign, or use may remain or continue, subsequent
to the eff ective date of this Code and any amendments thereto, provided that such
continuance is in accordance with the provisions of this Chapter and all other applicable
codes of the City.
2. The violation of any of the provisions of one or more of the following ordinances
or requirements may cause the Director to terminate the legal right to operate such
nonconforming structure, lot, site, sign, or use, subject to appeal to the Zoning Board of
Adjustment pursuant to Section 3.15 of this Code:
a. Constructing or maintaining or operating a use conducted in or associated with a
building or structure erected without a permit from the City;
b. Operating a use or occupying a building or structure without a valid Certifi cate of
Occupancy from the City;
c. Operating a use in violation of a valid Certifi cate of Occupancy;
Page 15 of 32
14-2 Georgetown, Texas
Unified Development Code
d. Unlawful expansion of a nonconforming use, site, or structure;
e. Unlawful outside display or storage in required parking spaces; or
f. Any other violation of this Code as determined by the Director.
C. Illegal Nonconforming Status
A structure, lot, site, sign, or use that is in violation of the requirements of this Code and
was constructed or established since the adoption of this Code without the necessary
approvals, permits, or authorizations from the City is considered illegal nonconforming.
The owner and/or operator of an illegal nonconforming structure, lot, site, sign, or use
shall be subject to actions and penalties allowed by this Code and all other applicable
City ordinances and shall be required to correct the nonconforming situation to come into
conformance with all applicable standards and regulations of this Code.
D. Types of Nonconforming Situations
The following are types of nonconforming situations for which nonconforming status shall
be determined:
1. Nonconforming Uses;
2. Nonconforming Lots;
3. Nonconforming Structures;
4. Nonconforming Sites; and
5. Nonconforming Signs.
E. Ownership
The lawful change of ownership of a nonconforming situation without any change in land
use shall not cause the loss of legal nonconforming status.
F. Reversal Prohibited
Once a nonconforming use, structure, site, lot, or sign has been changed to conform with
the provisions of this Code, the use, structure, site, lot, or sign shall not thereafter be
changed so as to be nonconforming again. Once a nonconforming use, structure, site, lot,
or sign has been changed to more nearly conform with the provisions of this Code, the use,
structure, site, lot, or sign shall not thereafter be changed so as to be less conforming again.
G. Legal Nonconforming Status for Newly Annexed Territory
After annexation of an area, a person may continue to use the land in the newly annexed
area in the same manner in which the land was used on the date annexation proceedings
were instituted if the land use was legal at the time. This includes any beginning use of
land in the newly annexed area in the manner that was planned for the land before the 90th
day before the eff ective date of annexation if:
1. One or more licenses, certifi cates, permits, approvals, or other forms of authorization by
a governmental entity were required by law for the planned use; and
2. A completed application for the initial authorization was fi led with the governmental
entity before the date the annexation proceedings were instituted, as described in
§43.002 (a)(2) of the Texas Local Government Code.
Page 16 of 32
Georgetown, Texas 14-3
Unified Development Code
H. Change in Status of Adjacent Property
A structure, site, or use that complies with the development regulations of this Code does
not become nonconforming as the result of a change in the use, zoning, or development of
adjacent property.
14.01.050 Exemptions
A. Residential Structures
Any single-family or two-family structure lawfully existing on the eff ective date of this
Code shall be deemed a lawful structure.
B. Prior Construction Plans
Nothing contained herein shall require any change in the plans, construction, or designated
use of a building legally under construction or for which a permit for construction has been
issued at the time of passage of this Code or amendments. Construction may be completed
in accordance with the terms of the permits, so long as those permits were validly issued
and remain unrevoked and unexpired.
C. Prior Undeveloped Site Plans
Nothing contained herein shall require any change in the plans and subsequent
construction of a site subject to an approved and valid, but undeveloped, site plan at the
time of passage of this Code or amendments. Construction may commence in accordance
with the terms of the site plan and any required permits, so long as those permits were
validly issued and remain unrevoked and unexpired. If a site plan has expired or, in the
case of a phased site plan, the construction of subsequent phases has not commenced prior
to expiration, this exemption shall not be applicable.
D. Prior Approval Granted
Structures, lots, sites, and signs that are nonconforming due to prior Variance, Special
Exception, Administrative Exception, or other approval shall not be subject to the
provisions of this Chapter, but shall conform to the terms and processes of their approval.
E. Governmental Acquisition of Right-of-Way
A lawful structure, lot, site, sign, or use that is made noncompliant regarding any
requirement of this Code due to the acquisition of right-of-way by eminent domain,
dedication, or purchase by a city, county, state, or federal agency shall be deemed legal
nonconforming. Such exemption shall apply only to noncompliance that is a direct result
of the acquisition of right-of-way.
F. Portable Classrooms
For purposes of this Chapter, the addition of portable classrooms, pursuant to Section
5.08.020.G of this Code, shall not be considered an expansion of a legal nonconforming use,
structure, or site.
G. Accessory Structures for Livestock
The provisions of this Chapter shall not prevent the repair, restoration, replacement, or
construction of accessory structures necessary for or directly related to the ownership or
raising of livestock for agricultural purposes, including, but not limited to, barns, shelters,
sheds, or other structures. A second dwelling unit in an Agriculture District shall not be
considered an accessory structure for the purposes of this provision.
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14.01.060 Abandonment of a Nonconforming Situation
A. Effect of Abandonment
Abandonment of a legal nonconforming situation shall result in the loss of the existing
legal nonconforming status previously granted. All use of the premises shall cease and any
future use of the premises may only occur as provided for in this Chapter.
B. Determination of Abandonment
1. A legal nonconforming use shall be considered abandoned after the nonconforming use
has not occupied the building or site for a period of 12 months.
2. A legal nonconforming structure shall be considered abandoned after the structure has
been vacant for a period of 18 months.
3. A legal nonconforming site shall be considered abandoned after the site has been vacant
for a period of 18 months.
4. A legal nonconforming sign shall be considered abandoned after the site on which it is
located has been vacant for a period of 90 days.
5. Occurrence of a combination of one or more of the following situations shall be a sign of
vacancy or lack of occupancy for the purposes of determining abandonment:
a. The building, structure, activity or land has been unoccupied or out of use;
b. The intention of the owner to discontinue the use is apparent;
c. One or more utility accounts have been discontinued;
d. Utility meters are removed;
e. The occupant or owner has allowed any taxes to not be paid thereon;
f. The site or structure has not been maintained;
g. The unit has not been made available for occupancy;
h. The characteristic equipment and furnishings of a nonconforming use have been
removed from the premises; or
i. A nonconforming use has been replaced by a conforming use.
6. The time period for determining abandonment of a legal nonconforming site or
structure may be extended to a maximum of three years if the property has been
consistently maintained and the owner of the land or structure can prove to the
satisfaction of the Director that they have been actively and continuously marketing
the land or structure for sale or lease or have otherwise engaged in activities that
would affi rmatively prove there was no intent to abandon. This provision excludes the
exemption of any nonconforming signage on the site.
7. An owner of a legal nonconforming use located in a structure specifi cally constructed
or modifi ed to suit only such use may request a Special Exception from the Zoning
Board of Adjustment, pursuant to Section 3.15 of this Code, to extend the time period
for determining abandonment to a maximum of four years, provided the property has
been consistently maintained; the structure has not been intentionally altered to serve
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other uses, used to house a permitt ed use, or used to house another nonconforming use;
and the owner can prove to the satisfaction of the Board that they have been actively
and continuously marketing the structure for sale or lease to such a use. This provision
excludes the exemption of any nonconforming signage on the site.
8. All of the buildings, activities, and operations maintained on a lot are generally to be
considered as a whole for the purposes of determining abandonment. A multi-tenant
site, building or shopping center shall be considered occupied for the purposes of this
Chapter, provided it remains at least 30% occupied. The failure to rent one space in
a nonconforming building or on a nonconforming site shall not result in a loss of the
right to rent space thereafter so long as the building or site as a whole is continuously
maintained and at least 30% of the units remain rented.
9. The time period for determining abandonment shall exclude any period of
discontinuance of use caused by government actions impeding access to the premises
without any contributing cause by the owner of the legal nonconforming use, site, or
structure.
14.01.070 Variance Not Precluded
Nothing within this Chapter precludes the application for and approval of a Variance meeting
the standards for such under Section 3.15 of this Code.
14.01.080 Termination of Nonconforming Situation
The right to operate or maintain a nonconforming situation may be terminated by the Zoning
Board of Adjustment in accordance with the provisions of this Chapter. Any appeal of the
termination of nonconforming rights under this Chapter shall be made to District Court within
30 days of receipt of writt en notice of the termination by the Zoning Board of Adjustment.
Section 14.02 Nonconforming Uses
14.02.010 Nonconforming Uses Generally
A nonconforming use is one that is not permitt ed within the zoning district assigned to the
property upon which the use is located. In addition, a use located in a zoning district in which
it could lawfully locate with the approval of a Special Use Permit but lacking such a permit or a
use allowed as a limited use that does not conform to such limitations shall also be considered
nonconforming. Those nonconforming uses lawfully existing and located on the eff ective
date or applicability of this Code or subsequent amendments thereto shall be considered legal
nonconforming uses.
14.02.020 Elimination of Nonconforming Use Status
The owner of a nonconforming use may employ the following mechanisms in an att empt to
eliminate the nonconformity:
A. Replacing the nonconforming use with a conforming use;
B. Rezoning to a district where the use is permitt ed by right;
C. Obtaining a Special Use Permit, provided the use is listed as one that would be allowed in
the zoning district with a Special Use Permit;
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D. Complying with the applicable limitations for such use, provided that the use is listed as
one that is allowed in the zoning district subject to limitations set forth in Chapter 5; or
E. Obtaining a Special Exception from the Zoning Board of Adjustments, pursuant to Section
3.15 of this Code, if the Special Exception is allowed by this Code and would make the use
conforming.
14.02.030 Change of Use
A. A nonconforming use may be replaced by the same Specifi c Use, as listed in the Use Tables
in Chapter 5, provided that use has not been abandoned.
B. A change of use occurs when the current use of a site or structure is replaced with a use
that is not listed as the same Specifi c Use in the Use Tables in Chapter 5.
C. The Director may approve an Administrative Exception, pursuant to Section 3.16 of this
Code, to allow a change from one nonconforming use to another nonconforming use if
it is determined that the new nonconforming use will clearly have a lesser impact on the
surrounding area than the existing nonconforming use. Any appeal of the Director’s
determination shall be made to the City Council. The following criteria may be considered
when determining the impact on the surrounding area.
1. Hours of operation;
2. Number of employees;
3. Square footage occupied;
4. Amount of parking required;
5. The type of customer targeted;
6. Traffi c generation;
7. Number of daily deliveries;
8. Noise;
9. Lighting;
10. Similarity to surrounding land uses;
11. Benefi t to the surrounding area; and
12. Compatibility with the existing and future use or make up of the area.
D. In no event may a change of use occur that would allow a use that would increase
the degree or intensity of nonconformity or result in the expansion of any existing
nonconforming situation or the creation of any new nonconforming situation.
14.02.040 Abandonment of Nonconforming Use
In the event a nonconforming use is determined to be abandoned, the structure or site shall
thereafter only be occupied in accordance with the provisions of this Code. See Section 14.01.060
of this Chapter for the time frame for the determination of abandonment.
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14.02.050 Expansion of a Nonconforming Use
A. A legal nonconforming use may be expanded or enlarged only upon approval of a Special
Exception by the Zoning Board of Adjustment, pursuant to Section 3.15 of this Code, except
as follows:
1. The Director may approve an Administrative Exception, pursuant to Section 3.16 of this
Code, if it is determined that the expansion or enlargement of the use or an accessory
use or site modifi cations (for example parking) would make the use more conforming to
the current standards of this Code; or
2. Expansion or enlargement is required by City ordinance, State law, or federal law.
B. A legal nonconforming use shall be considered enlarged, expanded, or increased by the
following:
1. Increasing the square footage of the building housing the nonconforming use;
2. Expanding the square footage occupied by a nonconforming use within an existing
building;
3. Occupying a greater portion of the tract on which the use is located;
4. Construction of additional buildings associated with the nonconforming use; or
5. Increasing the scope, volume, or intensity of the use in a signifi cant way.
C. For purposes of this provision, the addition or alteration of signage shall not be considered
expansion of a legal nonconforming use that is made so due to lack of an approved Special
Use Permit or limitation.
D. An expansion of a legal nonconforming use may not create any new nonconformity.
14.02.060 Destruction or Damage of Structure Housing Nonconforming Use
A. Natural or Accidental Causes
1. Whenever the structure in which a legal nonconforming use is housed, operated, or
maintained is damaged or destroyed by natural or accidental causes to the extent of
more than 50% of the market value of the structure on the date of the damage, the right
to operate such nonconforming use shall cease unless a Special Exception is granted by
the Zoning Board of Adjustment, pursuant to Section 3.15 of this Code.
2. In the event that a structure in which a legal nonconforming use is housed, operated, or
maintained is partially damaged or destroyed, such that the damage does not exceed
50% of the market value of the structure on the date of the damage, the nonconforming
use shall be allowed to continue and the structure may be rebuilt upon issuance of a
Building Permit by the Building Offi cial.
3. Permitt ing for any allowed reconstruction of the structure must thereafter commence
within six months of the damaging event and reconstruction shall be completed, as
determined by issuance of a Certifi cate of Occupancy, within one year of the event. The
timeframes herein may be extended for good cause as proven to the Director, provided
there is no adverse aff ect on the community.
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4. A structure restored under this Subsection must be restored or reconstructed so as
to have no greater gross fl oor area, building footprint or height as the damaged or
destroyed structure. The property owner has the burden of proof to establish the
dimensions of the structure immediately prior to the damage or destruction.
5. The value of the structure and the percent value lost due to any destruction shall be
determined by an appraisal submitt ed to the Building Offi cial.
B. Intentional Destruction
A legal nonconforming use terminates when the structure housing the nonconforming use
is destroyed by the intentional act of the owner or his agent.
14.02.070 Nonconforming Telecommunications Towers
Additional telecommunications antennae and necessary equipment may be att ached to a pre-
existing nonconforming telecommunications tower provided the addition causes no expansion of
the footprint of the tower and meets the requirements of Section 5.10.010.C of this Code.
Section 14.03 Nonconforming Lots
14.03.010 Nonconforming Lots Generally
A nonconforming lot is a lot of record that does not meet the minimum area or dimensional
requirements of the zoning district in which the lot is located. Those nonconforming lots
lawfully existing on the eff ective date or applicability of this Code or subsequent amendments
thereto shall be considered legal nonconforming lots.
14.03.020 Use of a Nonconforming Lot
A legal nonconforming lot may continue to exist indefi nitely and may be developed and used
as if it were a conforming lot, provided the proposed use is permitt ed and all development
standards of the applicable zoning district of this Code are met.
14.03.030 Elimination of Nonconforming Lot Status
The owner of a nonconforming lot may employ the following mechanisms in an att empt to
eliminate the nonconformity.
A. Combine the lot with an adjacent property to conform to current standards;
B. Apply for a Variance, pursuant to Section 3.15 of this Code, to allow the lot as is; or
C. Rezone to a District where the lot would conform.
14.03.040 New Division
No new division of any lot or parcel shall be made which increases the level of existing
nonconformity, leaves any lot, parcel, or remnant with width or area below the requirements
stated in this Code or creates any new nonconforming situation.
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Section 14.04 Nonconforming Structures
14.04.010 Nonconforming Structures Generally
A. A nonconforming structure is one that does not meet the setbacks, height limitations,
material requirements, or articulation as required by this Code. Those nonconforming
structures lawfully constructed and existing on the eff ective date or applicability of this
Code or any amendment thereto shall be considered legal nonconforming structures. For
the purposes of this Section, the term structure means anything constructed or erected on
the ground or which is att ached to something located on the ground, except signs, and
includes, but is not limited to, buildings, telecommunications towers, utility improvements
and sheds. These provisions shall be applicable to all structures regardless of whether they
are deemed principal or accessory.
14.04.020 Elimination of Nonconforming Structure Status
The owner of a nonconforming structure may employ the following mechanisms in an att empt to
eliminate the nonconformity.
A. Modify the structure to conform to current standards;
B. Apply for a Variance, pursuant to Section 3.15 of this Code, to allow the structure as built;
or
C. Rezone to a district where the structure would conform.
14.04.030 Repair and Maintenance
A legally nonconforming structure shall be maintained in accordance with the codes in eff ect
when the building was constructed or as deemed necessary by the Building Offi cial for the
general safety and welfare of the occupant and the public. The repairs required by the Building
Offi cial shall not be construed as to allow an addition to or expansion of a nonconforming
structure. Except as otherwise provided for in this Chapter, no repair or maintenance may result
in the expansion of any existing nonconformity or the creation of any new nonconformity.
14.04.040 Unsafe Situations
A. Nothing in this Chapter shall be construed to prohibit the strengthening or repair of any
part of any nonconforming structure declared unsafe by the Building Offi cial, unless such
repairs exceed 50% of the value of the structure. In such case the right to operate, occupy
or maintain such structure may be terminated by action of the Zoning Board of Adjustment
and such structure shall be demolished. The value of the structure and the percent value
lost due to any destruction shall be determined by an appraisal submitt ed to the Building
Offi cial.
B. Nothing in this Chapter shall be construed to permit the continued use of a building or
structure found to be in violation of building, basic life safety, or health codes of the City.
The right to continue any nonconformity shall be subject to all applicable housing, building,
health, and other applicable life safety codes.
14.04.050 Abandonment of a Nonconforming Structure
In the event a nonconforming structure is determined to be abandoned, the structure shall be
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modifi ed to conform to all applicable requirements of this Code. However, a Special Exception
may be granted by the Zoning Board of Adjustment, pursuant to Section 3.15 of this Code, if
it is determined that conformance with all requirements of this Code will cause the expansion
or creation of another nonconformity or where it is determined that all provisions of this Code
cannot be reasonably met. See Section 14.01.060 of this Chapter for the time frame for the
determination of abandonment.
14.04.060 Interior Alterations to a Nonconforming Structure
Interior remodeling of a legally nonconforming structure is permitt ed and will not result in loss
of legal nonconforming status regardless of the cost or extent of the interior remodel, as long as
no exterior remodeling is involved. If exterior alteration in conjunction with interior remodeling
is involved, loss of legal nonconforming status will be determined pursuant to the provisions set
forth in this Chapter related to such alteration.
14.04.070 Movement of a Nonconforming Structure
A nonconforming structure shall not be moved to another location on the same lot or any other
lot unless the entire structure is thereafter made to conform to all requirements of this Code for
the District to which the structure is being moved.
14.04.080 Expansion of a Nonconforming Structure
A. A legal nonconforming structure may be expanded or enlarged up to 50% of its size
without approval of the Zoning Board of Adjustment.
B. A legal nonconforming structure may be expanded or enlarged in excess of 50% of its size
only upon approval of a Special Exception by the Zoning Board of Adjustment, pursuant to
Section 3.15 of this Code.
C. If such expansion or enlargement is in excess of 100% of the size of the existing structure,
all provisions of this Code shall be applicable to the existing structure or structures as
well as any new construction on the lot or parcel. For the existing structure, where it is
determined that all provisions of this Code cannot be reasonably met or conformance
with all requirements of this Code will cause the expansion or creation of another
nonconformity, the applicant may request approval of a Special Exception by the Zoning
Board of Adjustment, pursuant to Section 3.15 of this Code.
D. For purposes of determining the expansion or enlargement of a nonconforming structure,
the square footage of all previous expansions under this subsection shall be cumulative
and the square footage of the original structure shall be the initial size for purposes of the
calculation.
E. All expansion or enlargement of structures under this Subsection shall be in compliance
with all applicable regulations of the Zoning District in which such structure is located.
In no event may the expansion or enlargement result in the increase of any existing
nonconformity or the creation of any new nonconformity.
14.04.090 Destruction or Damage of a Nonconforming Structure
A. Natural or Accidental Causes
1. A legal nonconforming structure, which is damaged or destroyed by natural or
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accidental causes, may only be reconstructed as it was before such happening within the
timelines herein.
2. Permitt ing for reconstruction of such structure must thereafter commence within six
months of the damaging event and reconstruction shall be completed, as determined
by issuance of a Certifi cate of Occupancy, within one year of the event. The timeframes
herein may be extended for good cause as proven to the Director, provided there is no
adverse aff ect on the community.
3. A structure restored under this Subsection must be restored or reconstructed so as
to have no greater gross fl oor area, building footprint, or height as the damaged or
destroyed structure.
B. Historic Structures
1. A nonconforming structure designated as historic at the state or national level or
identifi ed as a Medium or High Priority Structure in the Georgetown Historic Survey
shall be allowed to be restored in the same location, design, and confi guration
immediately preceding any damage or destruction that is caused by a fi re or natural
disaster. Permitt ing for such reconstruction shall commence within 18 months of
the damaging event and be completed, as determined by issuance of a Certifi cate of
Occupancy, within three years of the event.
2. Reconstruction of a structure under this Section that will not restore the structure in the
same location, design, and confi guration as it was immediately preceding damage, may
be granted the timelines herein if the Historic and Architectural Review Commission,
after a conceptual review of the proposed addition or alteration pursuant to Section
3.13.020.B, determines the addition or alteration appropriate and the timelines herein
applicable.
3. The timeframes herein may be extended for good cause as proven to the Director,
provided there is no adverse aff ect on the community.
4. The property owner has the burden of proof to establish the details of the structure
immediately prior to the damage or destruction.
C. Intentional Destruction
A nonconforming structure which is damaged or destroyed by the intentional act of the
owner or his agent may not be restored or reconstructed as it was before such happening.
Section 14.05 Nonconforming Sites
14.05.010 Nonconforming Sites Generally
A nonconforming site is one where one or more existing site improvements, including but not
limited to parking areas, storm drainage facilities, sidewalks and landscaping, do not conform
to one or more of the regulations of this Code applicable to the property. Those nonconforming
sites lawfully existing on the eff ective date or applicability of this Code or any amendment
thereto shall be considered legal nonconforming sites.
14.05.020 Elimination of Nonconforming Site Status
The owner of a nonconforming site may employ the following mechanisms in an att empt to
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eliminate the nonconformity.
A. Modify the site to conform to current standards;
B. Apply for a Variance, pursuant to Section 3.15 of this Code, to allow the site as built; or
C. Rezone to a District where the site would conform.
14.05.030 Repair and Maintenance
A legally nonconforming site shall be maintained in accordance with the codes in eff ect when
the site was constructed or as deemed necessary by the Director for the general safety and
welfare of the occupant and the public. Any repairs or maintenance required by the Director
shall not be construed as to allow an addition to or expansion of a nonconforming site. Except
as otherwise provided for in this Chapter; no repair or maintenance may result in the expansion
of any existing nonconformity or the creation of any new nonconformity. Maintenance of a site
may include, but is not limited to, maintenance of landscaping, pavement, lighting, or detention
ponds.
14.05.040 Change in Tenant of a Legal Nonconforming Site
A change in the tenant of a legal nonconforming site shall not cause the site to lose its legal
nonconforming status. Nonconforming uses are subject to the provisions of Section 14.02 of this
Chapter. Tenant changes are categorized into the following situations.
A. Tenant with Same Use
A change in tenant of a legal nonconforming site to a tenant with the same Specifi c Use,
as listed in the Use Tables in Chapter 5, is permitt ed without any required changes to the
nonconforming site.
B. Tenant with Similar or Less Intense Use
A change in tenant of a legal nonconforming site to a tenant with a similar or less
intense use as the previous tenant may be allowed without any required changes to a
nonconforming site; provided the restrictions below are met.
1. The new use shall have a parking requirement less than or equal to the previous use.
2. The new use shall not increase the amount of outside storage or activities previously
existing.
3. The average daily vehicle trips generated by the new use shall be less than or equal to
the previous use.
4. The new use shall not produce more noise, vibration, dust, odor, fumes, glare, or smoke
than the previous use.
5. The site shall be maintained and in conformance with any site plan or regulations in
eff ect when the site was established or last improved. This includes, but is not limited
to, the replacement of any dead plants or trees, the re-striping of parking spaces, and the
repaving of deteriorated pavement.
6. The new use shall meet all limitations or requirements of Chapter 5 for such use without
alteration to the site.
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C. Tenant with Diff erent Use
Any change in tenant that does not meet the provisions of the preceding categories shall be
determined to be a change to a diff erent use. A change in tenant of a legal nonconforming
site to a tenant with a diff erent use as the previous tenant shall require the following
alterations to the nonconforming site.
1. Any increase in parking spaces between those required for the previous use and
those required for the new use shall be provided. If the previous use was defi cient
in the number of required parking spaces, the new use may carry over the defi ciency.
Construction of additional required parking spaces shall be in conformance with
Section 14.05.060. If the additional spaces required cannot be met on site, the applicant
may request the requirement be met off -site pursuant to Section 9.02.050 of this Code.
2. The site shall be maintained in conformance with any site plan or regulations in eff ect
when the site was established or last improved. This includes, but is not limited to,
the replacement of any dead plants or trees, the re-striping of parking spaces and the
repaving of deteriorated pavement as determined by the Development Engineer.
3. Those parking spaces that are accessed via public right-of-way shall be removed and
those spaces replaced elsewhere on the site if those spaces are necessary to meet the
minimum parking requirements. This provision does not apply to any on-street
parking spaces otherwise approved by the Development Engineer.
4. The new use shall meet all limitations or requirements of Chapter 5 for such use,
including, but not limited to, setback requirements, buff ers and screening.
14.05.050 Abandonment of a Nonconforming Site
In the event a nonconforming site is determined to be abandoned, the site shall be altered to
conform to all applicable requirements of this Code, as outlined below, upon re-occupancy,
except as provided for in Section 14.05.070. However, a Special Exception may be granted
by the Zoning Board of Adjustment, pursuant to Section 3.15 of this Code, if it is determined
that conformance with all requirements of this Code will cause the expansion or creation of
another nonconformity or where it is determined that all provisions of this Code cannot be
reasonably met. See Section 14.01.060 of this Chapter for the time frame for the determination of
abandonment.
A. Parking and Parking Lot Design
An abandoned site shall be altered to provide parking numbers and parking lot design in
conformance with the following.
1. All required parking spaces for the subject use must be provided. Construction of
additional required parking spaces shall be in conformance with Section 14.05.060. If
the additional spaces required cannot be met on site, the applicant may request the
requirement be met off -site pursuant to Section 9.02.050 of this Code.
2. All deteriorated pavement, as determined by the Development Engineer, must be
repaved in accordance with this Code.
3. All existing parking spaces and maneuvering areas shall be re-striped to be in
conformance with the dimensional requirements of Chapter 9.
4. Those parking spaces that are accessed via public right-of-way shall be removed and
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those spaces replaced elsewhere on the site if those spaces are necessary to meet the
minimum parking requirements. This provision does not apply to any on-street parking
spaces otherwise approved by the Development Engineer.
B. Driveways
An abandoned site containing driveways not conforming to the number, spacing, or width
requirements of this Code shall be altered to be in conformance with such. Nothing herein
shall be construed as to require the removal of all driveway access to a property.
C. Landscaping
An abandoned site shall be altered to conform to all applicable landscaping requirements
of Chapter 8 of this Code. Any area on site that is available for landscaping shall be so
utilized to meet these requirements. When the City grants permission, the owner or
operator of the site may also use areas within the public right-of-way to satisfy landscaping
requirements. Where landscaping in accordance with the provisions of Chapter 8 cannot
be reasonably met, the applicant may request the Director consider an alternative plan that
meets the intent of the requirements.
D. Setbacks
An abandoned site shall be altered to conform to all applicable setback requirements of
Chapters 4, 6, and 7 of this Code. However, a Special Exception may be granted by the
Zoning Board of Adjustment, pursuant to Section 3.15 of this Code, if it is determined
that conformance with all setback requirements will cause the expansion or creation of
another nonconformity or where it is determined that all provisions of this Code cannot be
reasonably met.
E. Requirements of Chapter 5
The abandoned site shall be altered to conform to all applicable limitations or requirements
of Chapter 5 for the new use, including, but not limited to, setback requirements, buff ers,
and screening. Any designated outdoor display or storage areas shall be altered to conform
to the provisions of Section 5.09 of this Code.
F. Sidewalks
An abandoned site that does not have sidewalks in conformance with Chapter 12 shall be
altered to include such.
G. Impervious Coverage
Impervious coverage that exceeds the allowance for the zoning district and lot size
identifi ed in Chapter 11 is not required to be removed in order to meet the impervious
coverage requirements of this Code. However, in no case shall the impervious coverage of
the tract be increased unless done so in compliance with the provisions of Chapter 11.
H. Incidental Site Features
All incidental site features including, but not limited to, fences, dumpsters, lighting and
mechanical equipment must be altered to conform to the provisions of this Code.
14.05.060 Process for Review of Required Improvements
Site improvements that are required to meet the provisions of this Chapter shall be reviewed
pursuant to the process detailed in Chapter 3 of this Code.
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14.05.070 Postponement of Required Improvements
Required site improvements must be made as part of the event that triggers the improvements.
However, the applicant may request an Administrative Exception from the Director to phase
construction of and post bond for up to half of the improvements required. Any required
parking that is triggered may not be bonded and must be constructed as part of the fi rst
phase. A Conditional Certifi cate of Occupancy (CO) may be issued for any occupant, pending
construction of these and all other required improvements of this Code. Improvements
postponed under this provision shall be constructed within one year of the issuance of the
Conditional CO. It is the responsibility of the applicant to document the value of the required
improvements for the purposes of bonding.
14.05.080 Expansion of a Nonconforming Site
A. A legal nonconforming site may be expanded or enlarged up to 25% of its size without
approval of the Zoning Board of Adjustment.
B. A legal nonconforming site may be expanded or enlarged in excess of 25% of its size only
upon approval of a Special Exception by the Zoning Board of Adjustment, pursuant to
Section 3.15 of this Code, except as follows:
1. The Director may approve an Administrative Exception, pursuant to Section 3.16 of this
Code, if it is determined that the expansion or enlargement of the site would make the
site more conforming to the current standards of this Code; or
2. Expansion or enlargement is required by City ordinance, State law or federal law.
C. If such expansion or enlargement is in excess of 50% of the size of the existing site,
all provisions of this Code shall be applicable to the existing site as well as any new
construction on the lot or parcel. For the existing site, where it is determined that all
provisions of this Code cannot be reasonably met or conformance with all requirements of
this Code will cause the expansion or creation of another nonconformity, the applicant may
request approval of a Special Exception by the Zoning Board of Adjustment, pursuant to
Section 3.15 of this Code.
D. A legal nonconforming site shall be considered enlarged or expanded by the following:
1. Occupying a greater portion of the tract;
2. Construction of additional buildings; or
3. Construction of any additional improvements on a portion of the tract that was not
previously developed.
E. For purposes of determining the expansion or enlargement of a nonconforming site, the
square footage of all previous expansions under this subsection shall be cumulative and
the square footage of the original site shall be the initial size for purposes of the calculation.
F. All expansion or enlargement of sites under this Subsection must be in compliance with all
applicable regulations of this Code. In no event may the expansion or enlargement result
in the increase of any existing nonconformity or the creation of any new nonconformity.
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Section 14.06 Nonconforming Signs
14.06.010 Nonconforming Signs Generally
A nonconforming sign is one that does not comply with the standards of this Code. Those
nonconforming signs lawfully existing and located on the eff ective date or applicability of this
Code or any amendments thereto shall be considered legal nonconforming signs.
14.06.020 Elimination of Nonconforming Sign Status
The owner of a nonconforming sign may employ the following mechanisms in an att empt to
eliminate the nonconformity.
A. Modify the sign to conform;
B. Apply for a Variance, pursuant to Section 3.15 (height and location only), to allow the sign
as built, if such Variance is allowed by the provisions of Chapter 10; or
C. Rezone to a Zoning District where the sign would conform.
14.06.030 Repair and Maintenance
Repairs and maintenance may be made to a legal nonconforming sign, provided that no
structural alteration shall be made except those required by the Building Offi cial in order to
comply with the provisions of the Code of Ordinances or this Code. In no event may any repair
or maintenance result in the expansion of any existing nonconformity or the creation of any new
nonconformity.
14.06.040 Abandonment of a Nonconforming Sign
In the event a legal nonconforming sign is determined to be abandoned, the sign shall be
eliminated or modifi ed to conform to all requirements of this Code. See Section 14.01.060 of this
Chapter for the time frame for the determination of abandonment.
14.06.050 Alterations to a Nonconforming Sign
A change in the information on the sign face of a legal nonconforming sign is allowed; provided
the change of information does not increase the area of the sign face. However, a nonconforming
sign shall either be eliminated or made to conform to the provisions of this Code, when any
alteration, modifi cation, or improvement is more than 60% of the appraised value of erecting a
new sign of the same type at the same location.
14.06.060 Destruction or Damage of a Nonconforming Sign
A. Natural or Accidental Causes
1. A legal nonconforming sign, which is damaged or destroyed by natural or accidental
causes, may only be reconstructed as it was before such cause within six months of the
damaging event. The timeframes herein shall exclude any delay in commencement due
to insurance or litigation.
2. A sign restored under this Subsection must be restored or reconstructed so as to have
a height and sign face area less than or equal to that of the damaged or destroyed sign.
The property owner has the burden of proof to establish the height and sign face area
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immediately prior to the damage or destruction.
3. The value of the sign and the percent value lost due to any destruction shall be
determined by an appraisal submitt ed to the Building Offi cial.
B. Intentional Destruction
A right to retain a legal nonconforming sign terminates when the nonconforming sign is
destroyed by the intentional act of the owner or his agent.
14.06.070 Immediate Termination of Nonconforming Signs
Except as otherwise provided by this Code, the Building Offi cial shall cause the immediate
removal of any sign constructed, erected, or placed in violation of the provisions of this Code
or expressly prohibited and any sign that represents a clear and present danger to the health or
safety of the public due to its structural condition.
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